From: Brian D Williams (talon57@well.com)
Date: Tue Aug 27 2002 - 12:23:45 MDT
>From: Rafal Smigrodzki <rms2g@virginia.edu>
>>Brian D Williams wrote:
>>The airwaves (the portion over America) are owned by the American
>>people. So this is a private property issue.
>### There is a contradictio in adiectio here - if something is
>owned by "the people", it is not private - it is public. Free
>speech most definitely applies on public property.
It is most certainly not something as simple as public space since
you are not free to transmit in it and since it was amended you are
no longer even free to receive all portions of it. It is limited to
American citizens as well.
20 odd years ago I had my Radar detector seized in Virginia by a
cop who was pissed that I eluded his radar trap. When I went to
court on the matter I brought along a copy of the FCC regs for the
judge. Under article 9 section C if I remember correctly, American
citizens were free to receive any portion of the electromagnetic
spectrum. My case quite simply was that by confiscating my detector
these rights had been infringed.
Almost amazingly the case was decided in my favor and I got the
detector back.
I understand the FCC law has been changed since then.
Regulated public space maybe?
Brian
Member:
Extropy Institute, www.extropy.org
National Rifle Association, www.nra.org, 1.800.672.3888
SBC/Ameritech Data Center Chicago, IL, Local 134 I.B.E.W
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